AN ACT to amend and
reenact §17C-15-2 and §17C-15-17 of the Code of West Virginia, 1931, as
amended, all relating to motor vehicle lighting; clarifying when certain lights
are functional; allowing certain lamps and lighting devices be uncovered in
certain circumstances; and allowing two auxiliary lamps.

Be it enacted by the
Legislature of West Virginia:

That §17C-15-2 and
§17C-15-17 of the Code of West Virginia, 1931, as amended, be amended and
reenacted, all to read as follows:

ARTICLE 15. EQUIPMENT.

§17C-15-2. When lighted lamps are required.

Every vehicle other than a
school bus, motorcycle, motor-driven cycle or moped operated upon a highway
within this state at any time from sunset to sunrise, or during fog, smoke,
rain or other unfavorable atmospheric conditions, or at any other time when
there is not sufficient light to render clearly discernible persons and
vehicles on the highway at a distance of five hundred feet ahead, shall display
lighted head lamps and illuminating devices as hereinafter respectively
required for different classes of vehicles, subject to exceptions with respect
to parked vehicles as provided for in subsection (c), section fifteen-c of this
article. Every school bus, motorcycle, motor-driven cycle and moped shall
display lighted head lamps at all times when upon the highway. Lighted lamps and other lighting devices that consist
of multiple light-emitting diodes (LEDs) or other illuminating components that
function as a single lighting unit are deemed to be functional so long as at least
sixty-six percent of the LEDs or other illuminating components are functional: Provided,
That the lighted lamps or lighting devices must still project sufficient
illumination to satisfy all other requirements contained in this article.

§17C-15-17. Spot lamps and other auxiliary lamps.

For the purposes of this section, a lamp or lighting
device meets the requirements specified below so long as any portion of the
illuminating surface of the lamp or lighting device is within the specified range.

All lamps and lighting devices covered in this section
may be installed so that the entire lamp or lighting device exceeds forty-two
inches above the level surface upon which the vehicle stands so long as such
lamps or lighting devices are either covered or dimmable.

(a) Spot lamps. --
Any motor vehicle except a public utility company maintenance vehicle may be
equipped with not more than one spot lamp and every lighted spot lamp shall be
so aimed and used upon approaching another vehicle that no part of the
high-intensity portion of the beam will be directed to the left of the
prolongation of the extreme left side of the vehicle nor more than one hundred
feet ahead of the vehicle. A public utility company maintenance vehicle may be
equipped with more than one spot lamp but all lighted spot lamps shall be aimed
and used in conformity to the requirements of this subsection.

(b) Fog lamps. -- Any
motor vehicle may be equipped with not more than two fog lamps mounted on the
front at a height not less than twelve inches nor more than thirty inches above
the level surface upon which the vehicle stands and so aimed that when the
vehicle is not loaded none of the high-intensity portion of the light to the
left of the center of the vehicle shall at a distance of twenty-five feet ahead
project higher than a level of four inches below the level of the center of the
lamp from which it comes.

(c) Auxiliary passing
lamp. -- Any motor vehicle may be equipped with not more than two auxiliary
passing lamps mounted on the front at a height not less than twenty-four inches
nor more than forty-two inches above the level surface upon which the vehicle
stands and every auxiliary passing lamp shall meet the requirements and
limitations set forth in this article.

(d) Auxiliary driving
lamp. -- Any motor vehicle may be equipped with not more than two auxiliary
driving lamps mounted on the front at a height not less than sixteen inches nor
more than forty-two inches above the level surface upon which the vehicle
stands and every such auxiliary driving lamp shall meet the requirements and
limitations set forth in this article.

(e) Roof-mounted
off-road light bar lighting device. -- Any motor vehicle may be equipped
with a roof-mounted off-road light bar lighting device comprised of multiple
lamps: Provided, That whenever the vehicle is operated or driven upon
any road or highway of this state, the roof-mounted off-road light bar lighting
device shall be turned off while the vehicle is being operated on any road or
highway of this state.